From the Twitterverse we get legal opinions on the mandate.
Randy Barnett wins in the most succinct category:
The Babylon Bee expands on the whole issue of “natural immunity,” which is sure to be important in the coming legal challenges:
Shipwreckedcrew wins in the “Priviliges? You don’t get no stinkin’ privileges!” category:
Here, shipwrecked asks a joke question. Spoiler: the punchline is @peterbakernyt:
Jonathan Turley wins the “As we were saying” category--and has a link to a pretty sound article:
Bonus first paragraph, for non-lawyers:
In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. In politics, it is called just dumb. White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere “work around” of the constitutional limit imposed on the federal government. The problem is that the thing being “worked around” is the Constitution. Courts will now be asked to ignore the admission and uphold a self-admitted evasion of constitutional protections.
Brett Tolman links to an article that features Ilya Shapiro winning the Trifecta in the Con Law category:
Shapiro’s Triple Threat:
First, there’s a separation‐of‐powers issue in that this sweeping new regulation is being imposed by presidential diktat, with related claims about the proper scope of OSHA’s statutory authority and whether Congress can even delegate such broad power to the executive branch. ...
Second, even if the executive branch is permissibly interpreting the relevant federal laws, these kinds of impositions are hardly a regulation of interstate commerce (or the use of any other constitutionally enumerated power): states have general police powers to regulate for public health and safety, but the feds don’t. ...
Third, forcing private businesses to do the government’s dirty work isn’t a “proper” means of effectuating the goal of limiting the pandemic. Again as in the Court’s ruling in the first Obamacare lawsuit, which found no independent power to compel noncommercial intrastate activity as part of a larger regulatory scheme — what Randy Barnett eloquently called “commandeering the people” — the federal government can’t now commandeer businesses to impose mandates on individuals that it can’t impose directly.
Finally, Babylon Bee placed two tweets in a tie in the “Best Workaround” category:
Are we grown ups here? Or are we just children playing our own versions of online video games?
Yes, knowing it’s 9-11 today, and maybe that’s why I’m fired up to write this. If today’s not a good day for you to deal with this, I get it – but come back when you can.
What are you doing to act with ‘civic disobedience’ to the increasing levels of oppression and group-think that is changing our country in real time – every institution is failing. How many of you in your professional setting would be allowed to make meaningful decisions BUT fail to consider the accurate, relevant and available data? Yet, our governments, businesses, schools and churches continue to ignore urgent, legitimate and real time data available beyond our borders, pretending to make adult decisions – don’t they understand that they all will forever be subject to the claim, “hey, you didn’t consider the MOST relevant of facts and data in making decisions that impacted EVERYTHING and EVERYONE for ALLTIME, so WHY THE F--- SHOULD WE?!?!?!!” Anyone here ever working in a legitimate organization knows of what I’m referencing – entities won’t survive by ignoring legitimate facts that relate to meaningful decisions, and yet they all are doing it now. AND WE LET THEM GET AWAY WITH IT.
So, what are we doing besides talking here like we have all the time in the world – some actual questions for you, the active participants in this BLOG:
1. What resources do you use to keep updated on all the current covid developments, such as the bogus claim this is a pandemic of the unvaxx’d, or the current stats out of UK/Israel/Sweden, or the corruption the CDC in allowing the teacher’s union to change national policy or in changing their definition of ‘vaccine’ in late August after A.Berenson highlighted the fallacy of the ‘vaccine’. One of the best most current websites tracking current updated info I’ve found is Liberty Counsel Action here – https://lcaction.org/vaccine -- any others you folks follow? share them, we need to empower each other. If you meet someone ‘new to the club,’ where do you send them for info that isn’t the narrative?
2. What are you doing? The buzz is to “practice civiv disobedience, don’t comply” – what does this mean? Practically, besides ‘not wearing masks’ in a store, what are YOU doing? Are there actions you are taking in your neighborhood, like joining protests or knocking on doors or meeting with state legislators? What is working, what is not? Share it, the most effective things you’ve done. This group seems like a good one to support and join, leading protests in local communities out where folks live, not just at capitols – they have another nationwide protest planned for Sept 22, just go do it -- https://www.teapartypatriots.org/stopmedicalmandates/
What other groups do you follow or have you joined that are making a difference? We follow Dr. Robert Malone’s tweets, anything from Dr. McCullough and his affiliated groups (https://www.americaoutloud.com/author/dr-peter-mccullough/ and https://www.truthforhealth.org/about-us-truth-for-health-foundation/ ), these blogs (meaning in history by Mark Wauck, Bad Cattitude by el gato malo, Alex Berenson, and most recently the Capuzzos from RESCUE) , epoch times, Kennedy’s site ( https://childrenshealthdefense.org/ ), Dr. Kory and his group (https://covid19criticalcare.com/ - and we followed their protocol, can’t imagine trying to power through without it) and Dr. Gold and her team (https://americasfrontlinedoctors.org/ ).
Not suggesting I have the answers, but mea culpa, we can do more -- we have been persistent with our kids’ school in pushing for change in their covid guidance and in challenging our church in their weak ‘go along to get along’ approach; we had covid not too long ago and it took us out of the game, but moving forward, we will join/lead protests locally (starting with the tea party patriots), and from there remain a visible sign locally, hopefully with others in growing numbers; also we will need to approach our state level legislators – as with the elections reforms, that’s where the true power over this covid response rests, and where the real action is.
Like that scene from Guardians where the tiny ships touch wings to create an impregnable web against the behemoth, if we don’t all join hands in creating the line in the sand, it won’t work. Or, if you prefer: “Todd Beamer, was heard over an open line saying, “Are you guys ready? Let’s roll.” “
If you have taken the time to read this, and you fail to add your input and help, why do you come here?
Doubting T
The Facebook gulag tweet is comedy gold and lethal insight